Text: SF00444 Text: SF00446 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 99D.9, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. If the commission is satisfied that its rules and 1 4 sections 99D.8 through 99D.25 applicable to licensees have 1 5 been or will be complied with, it may issue a license for a 1 6 period of not more than three years. The commission may 1 7 decide which types of racing it will permit. The commission 1 8 may permit dog racing, horse racing of various types, or both 1 9 dog and horse racing. The commission shall decide the number, 1 10 location, and type of all racetracks licensed under this 1 11 chapter. The commission shall not authorize a licensee to 1 12 conduct pari-mutuel wagering at a licensed premises in more 1 13 than one county. The license shall set forth the name of the 1 14 licensee, the type of license granted, the place where the 1 15 race meeting is to be held, and the time and number of days 1 16 during which racing may be conducted by the licensee. The 1 17 commission shall not approve the licenses for racetracks in 1 18 Dubuque county and Black Hawk county if the proposed racing 1 19 schedules of the two tracks conflict. The commission shall 1 20 not approve a license application if any part of the racetrack 1 21 is to be constructed on prime farmland outside the city limits 1 22 of an incorporated city. As used in this subsection, "prime 1 23 farmland" means as defined by the United States department of 1 24 agriculture in 7 C.F.R. sec. 657.5(a). A license is not 1 25 transferable or assignable. The commission may revoke any 1 26 license issued for good cause upon reasonable notice and 1 27 hearing. The commission shall conduct a neighborhood impact 1 28 study to determine the impact of granting a license on the 1 29 quality of life in neighborhoods adjacent to the proposed 1 30 racetrack facility. The applicant for the license shall 1 31 reimburse the commission for the costs incurred in making the 1 32 study. A copy of the study shall be retained on file with the 1 33 commission and shall be a public record. The study shall be 1 34 completed before the commission may issue a license for the 1 35 proposed facility. 2 1 Sec. 2. Section 99D.9, Code 1999, is amended by adding the 2 2 following new subsection: 2 3 NEW SUBSECTION. 8. A licensee shall not loan to any 2 4 person money or any other thing of value or permit a financial 2 5 institution, vendor, or other person to loan money on the 2 6 licensed premises on the basis of a credit card or similar 2 7 instrument in person or through an electronic or mechanical 2 8 device for the purpose of permitting that person to wager on 2 9 any race. The use of a check or debit card with overdraft 2 10 protection or a credit card cash advance through a satellite 2 11 terminal as defined in section 527.2 or a withdrawal from an 2 12 account through a satellite terminal as defined in section 2 13 527.2 is not prohibited by this subsection. 2 14 Sec. 3. Section 99D.11, subsection 7, Code 1999, is 2 15 amended to read as follows: 2 16 7. A person under the age of twenty-one years shall not 2 17 make or attempt to make a pari-mutuel wager. A person who 2 18 violates this subsection commits a scheduled violation under 2 19 section 805.8, subsection 13. 2 20 Sec. 4. Section 99E.18, Code 1999, is amended by adding 2 21 the following new subsection: 2 22 NEW SUBSECTION. 5. A person under the age of twenty-one 2 23 years shall not purchase or attempt to purchase a ticket or 2 24 share. A person who violates this subsection commits a 2 25 scheduled violation under section 805.8, subsection 13. 2 26 Sec. 5. Section 99F.1, subsection 9, Code 1999, is amended 2 27 to read as follows: 2 28 9. "Gambling game" means any game of chance authorized by 2 29 the commission. If slot machines are authorized, video slot 2 30 machines are included as gambling games. However, for 2 31 racetrack enclosures, "gambling game" does not include table 2 32 games of chance or video machines except video slot machines. 2 33 "Gambling game" does not include sports betting. 2 34 Sec. 6. Section 99F.4A, subsection 2, Code 1999, is 2 35 amended to read as follows: 3 1 2. A license to operate gambling games shall be issued 3 2 only to a licensee holding a valid license to conduct pari- 3 3 mutuel dog or horse racing pursuant to chapter 99D on January 3 4 1, 1994. However, a license to operate gambling games issued 3 5 pursuant to this subsection may be transferred to another 3 6 person after a majority of the voters voting on the transfer 3 7 proposal approves it. Only the registered voters of the 3 8 county in which the racetrack enclosure is located are 3 9 eligible to vote on the proposal. The transfer proposal shall 3 10 be submitted by the board of supervisors at a general election 3 11 or at a special election called for that purpose. If the 3 12 proposal is approved, the transfer of a license is subject to 3 13 application to, and approval by, the commission. However, the 3 14 commission shall not give its approval unless the new licensee 3 15 meets the requirements of sections 99D.8 through 99D.10, and 3 16 has a license to conduct pari-mutuel wagering in this state. 3 17 In addition, if there is in existence at the time of license 3 18 transfer a contract for purses and supplements for horse 3 19 racing, the contract shall remain in effect until its 3 20 termination, and thereafter, purses and supplements shall be 3 21 no lower than fifteen percent of the annual adjusted gross 3 22 receipts. A transferee shall not be required to honor any 3 23 material changes made to such a contract within one year 3 24 before the transfer. 3 25 Sec. 7. Section 99F.4A, Code 1999, is amended by adding 3 26 the following new subsection: 3 27 NEW SUBSECTION. 8. The total number of licenses issued to 3 28 conduct gambling games at pari-mutuel racetracks pursuant to 3 29 subsection 2 shall not exceed three until July 1, 2004. 3 30 Sec. 8. Section 99F.4A, Code 1999, is amended by adding 3 31 the following new subsection: 3 32 NEW SUBSECTION. 9. A civil penalty imposed by the 3 33 commission on a licensee relating to a violation of legal age 3 34 for gambling at an excursion gambling boat or a pari-mutuel 3 35 racetrack shall not exceed one thousand dollars per incident 4 1 if the violator is removed from the excursion gambling boat or 4 2 racetrack enclosure by the licensee. 4 3 Sec. 9. Section 99F.4A, Code 1999, is amended by adding 4 4 the following new subsection: 4 5 NEW SUBSECTION. 10. If a license issued pursuant to this 4 6 chapter or chapter 99D is transferred, an existing collective 4 7 bargaining agreement or the impact of an employee 4 8 representation election shall transfer to the new licensee. 4 9 Sec. 10. NEW SECTION. 99F.5A MORATORIUM FOR ISSUANCE OF 4 10 LICENSES FOR EXCURSION GAMBLING BOATS AND ON THE NUMBER OF 4 11 GAMBLING GAMES OR SLOT MACHINES. 4 12 1. The total number of licenses issued to conduct gambling 4 13 games on excursion gambling boats pursuant to this chapter 4 14 shall not exceed ten until July 1, 2004. 4 15 2. The following actions may be taken until July 1, 2004, 4 16 with the approval of the commission: 4 17 a. A licensed excursion gambling boat may move to a new 4 18 location within the same county. 4 19 b. A licensed excursion gambling boat and its facilities 4 20 may be sold and a new license may be issued for operation in 4 21 the same county. 4 22 c. If a license to conduct gambling games on an excursion 4 23 gambling boat is surrendered, not renewed, or revoked, a new 4 24 license may be issued for operation in the same county. 4 25 3. Until January 1, 2002, the commission shall not 4 26 authorize any of the following: 4 27 a. An increase in the number of gambling games or the 4 28 number of slot machines on an excursion gambling boat. 4 29 b. An increase in the number of slot machines at a pari- 4 30 mutuel racetrack. 4 31 Sec. 11. NEW SECTION. 99F.5B CHARITABLE CONTRIBUTIONS. 4 32 A gambling game license holder may distribute profits to a 4 33 governmental body and the distribution shall be considered a 4 34 charitable contribution. The duty to make charitable 4 35 contributions may be the subject of a contract between a 5 1 governmental body and a gambling game license holder. The 5 2 moneys received by a county as charitable contributions shall 5 3 be distributed only after receiving advice from citizens of 5 4 the county obtained at a public hearing held in the county. 5 5 Sec. 12. Section 99F.7, subsection 1, Code 1999, is 5 6 amended to read as follows: 5 7 1. If the commission is satisfied that this chapter and 5 8 its rules adopted under this chapter applicable to licensees 5 9 have been or will be complied with, the commission shall issue 5 10 a license for a period of not more than three years to an 5 11 applicant to own a gambling game operation and to an applicant 5 12 to operate an excursion gambling boat. The commission shall 5 13 decide which of the gambling games authorized under this 5 14 chapter it will permit. The commission shall decide the 5 15 number, location, and type of excursion gambling boats 5 16 licensed under this chapter for operation on the rivers, 5 17 lakes, and reservoirs of this state. However, after the 5 18 effective date of this Act, the commission shall issue or 5 19 renew a license for an excursion gambling boat operation only 5 20 if the excursion gambling boat operates on the Mississippi or 5 21 Missouri river or in Clarke county. The license shall set 5 22 forth the name of the licensee, the type of license granted, 5 23 the place where the excursion gambling boats will operate and 5 24 dock, and the time and number of days during the excursion 5 25 season and the off season when gambling may be conducted by 5 26 the licensee. The commission shall not allow a licensee to 5 27 conduct gambling games on an excursion gambling boat while 5 28 docked during the off season if the licensee does not operate 5 29 gambling excursions for a minimum number of days during the 5 30 excursion season. The commission may delay the commencement 5 31 of the excursion season at the request of a licensee. 5 32 Sec. 13. Section 99F.7, subsection 10, paragraph b, Code 5 33 1999, is amended to read as follows: 5 34 b. If licenses to conduct gambling games and to operate an 5 35 excursion gambling boat are in effect pursuant to a referendum 6 1 as set forth in this section and are subsequently disapproved 6 2 by a referendum of the county electorate, the licenses issued 6 3 by the commission after a referendum approving gambling games 6 4 on excursion gambling boats shall remain valid and are subject 6 5 to renewal for a total of nine years from the date of original 6 6 issue unless the commission revokes a license at an earlier 6 7 date as provided in this chapter. For the purpose of this 6 8 paragraph, the nine-year period of operation shall only apply 6 9 to licensees whose original application was filed on or before 6 10 January 1, 2000. 6 11 Sec. 14. Section 99F.9, subsection 5, Code 1999, is 6 12 amended to read as follows: 6 13 5. A person under the age of twenty-one years shall not 6 14 make or attempt to make a wager on an excursion gambling boat 6 15 or in a racetrack enclosure and shall notbe allowed inenter 6 16 the area of the excursion gambling boat or racetrack enclosure 6 17 where gambling is being conducted except for employment 6 18 purposes. However, a person under eighteen years of ageor6 19oldermay be employed to work ina gamblingnongambling areas 6 20 onlyareaon an excursion gambling boat or in a racetrack 6 21 enclosure. A person who violates this subsection with respect 6 22 to making or attempting to make a wager commits a scheduled 6 23 violation under section 805.8, subsection 13. 6 24 Sec. 15. Section 99F.9, subsection 6, Code 1999, is 6 25 amended to read as follows: 6 26 6. A licensee shall not accept a credit card as defined in 6 27 section 537.1301, subsection 16, to purchase coins, tokens, or 6 28 other forms of credit to be wagered on gambling games. This 6 29 section shall not be construed to prohibit a person access to 6 30 the person's prearranged credit through a credit card or other 6 31 means if the credit is extended by a nonlicensee. 6 32 Sec. 16. Section 99F.9, Code 1999, is amended by adding 6 33 the following new subsection: 6 34 NEW SUBSECTION. 7. A licensee shall not loan to any 6 35 person money or any other thing of value or permit a financial 7 1 institution, vendor, or other person to loan money on the 7 2 licensed premises on the basis of a credit card or similar 7 3 instrument in person or through an electronic or mechanical 7 4 device for the purpose of permitting that person to wager on 7 5 any game of chance. The use of a check or debit card with 7 6 overdraft protection or a credit card cash advance through a 7 7 satellite terminal as defined in section 527.2 or a withdrawal 7 8 from an account through a satellite terminal as defined in 7 9 section 527.2 is not prohibited by this subsection. 7 10 Sec. 17. Section 99F.11, unnumbered paragraph 1, Code 7 11 1999, is amended to read as follows: 7 12 A tax is imposed on the adjusted gross receipts received 7 13 annually from gambling games authorized under this chapter at 7 14 the rate of five percent on the first one million dollars of 7 15 adjusted gross receipts, at the rate of ten percent on the 7 16 next two million dollars of adjusted gross receipts, and at 7 17 the rate of twenty percent on any amount of adjusted gross 7 18 receipts over three million dollars. However, beginning 7 19 January 1,19971999, the rate on any amount of adjusted gross 7 20 receipts over three million dollars from gambling games at 7 21 racetrack enclosures istwenty-twotwenty-six percentand7 22shall increase by two percent each succeeding calendar year7 23until the rate is thirty-six percent. The taxes imposed by 7 24 this section shall be paid by the licensee to the treasurer of 7 25 state within ten days after the close of the day when the 7 26 wagers were made and shall be distributed as follows: 7 27 Sec. 18. Section 805.8, Code 1999, is amended by adding 7 28 the following new subsection: 7 29 NEW SUBSECTION. 13. GAMBLING VIOLATIONS. For violations 7 30 of legal age for gambling or pari-mutuel wagering under 7 31 section 99D.11, subsection 7, section 99E.18, subsection 5, or 7 32 section 99F.9, subsection 5, the scheduled fine is one hundred 7 33 dollars. Failure to pay the fine by a person under the age of 7 34 eighteen shall not result in the person being detained in a 7 35 secure facility. 8 1 Sec. 19. NULLIFICATION OF RULES. 8 2 1. 491 Iowa administrative code, rule 1.6, subrule 4, is 8 3 nullified. 8 4 2. 491 Iowa administrative code, rule 5.1, subrule 5, is 8 5 nullified. 8 6 3. 491 Iowa administrative code, rule 20.22, is nullified. 8 7 Sec. 20. EFFECTIVE DATES. 8 8 1. This Act, except section 19 of this Act, takes effect 8 9 October 1, 1999. 8 10 2. Section 19 of this Act, being deemed of immediate 8 11 importance, takes effect upon enactment. 8 12 SF 445 8 13 tj/cc/26
Text: SF00444 Text: SF00446 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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